O-94-46ORDINANCE NO. 0 -94 -46
AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR
REVIEW OF TELECOMMUNICATION PROPOSALS UTILIZING
PUBLIC PROPERTY WITHIN THE VILLAGE
Published in pamphlet form this
5th day of December , 1994,
by the President and Board of
Trustees of Deerfield.
ORDINANCE NO. 0 -94 -46
AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR
REVIEW OF TELECOMMUNICATION PROPOSALS UTILIZING
PUBLIC PROPERTY WITHIN THE VILLAGE
WHEREAS, the Corporate Authorities of the Village of
Deerfield have authorized the Cable Advisory Board to make
recommendations to the Board of Trustees as to telecommunications
issues; and
WHEREAS, telecommunications technology and regulations are
rapidly changing such that the Village staff is required to spend
an increasing amount of time and money to review applications and
proposals from telecommunication providers; and
WHEREAS, the Cable Advisory Board has recommended and the
Corporate Authorities believe it is in the best interest of the
Village, ,that certain fees for administrative review of all
telecommunications proposals utilizing public Property within the
Village be established to reimburse the Village for the costs
associated with the review of such proposals.
NOW, THEREFORE, be it ordained by the President and Board of
Trustees of the Village of Deerfield, Lake and Cook Counties,
Illinois as follows:
SECTION Definitions.
ONE:
(a) "Applicant" as that term is used in this
Ordinance shall means any person or entity who applies
to the Village for review of a Telecommunications
System proposal.
(b) "Review Fee ".as that term is used in this
Ordinance shall mean a nonrefundable fee of $5,.000, or
such lesser amount as is provided for herein.
(c) "Street" as that term is used in this
Ordinance, shall mean any area in the Village
boundaries established for vehicular or public access
or use and includes, but is not limited to a highway,
avenue, road, alley, right -of -way, lane, boulevard,
concourse, bridge, tunnel, park, parkway, water way,
and overhead.
(d) "Telecommunication System" as that term is
used in this Ordinance, shall mean any communication
equipment orfacility of any type or composition that
in any manner is located in, connected with, to or
under, or which utilizes a Street or other Village
owned land in any fashion which now or hereafter is
within the corporate limits of the Village.
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ORDINANCE NO. 0 -94 -46
AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR
REVIEW OF TELECOMMUNICATION PROPOSALS UTILIZING
PUBLIC PROPERTY WITHIN THE VILLAGE
SECTION Telecommunication Systems Proposal. After the
TWO: effective date of this Ordinance, any person or
entity that desires to construct, or route
through, commence operation of or modify a Telecommunication
System within the Village shall submit a written proposal
describing such Telecommunication System in detail for review to
the Village Manager. The Village Manager shall refer the
proposal to the Cable Advisory Board for review. All proposals
shall include all of the information requested in a form provided
by the Village Manager's office. The Village Manager and /or the
Cable Advisory Board may request additional information from time
to time from the Applicant and may in the course of review
arrange for appropriate professional services. Upon completion
of the review of the Telecommunication System proposal, the Cable
Advisory Board shall submit a written recommendation to the
Corporate Authorities for their consideration and final action.
No person or entity may construct, commence operation of or
modify a Telecommunication System within, upon, under or above
any Street or Village owned land without obtaining the approval
of the Corporate Authorities as provided herein.
SECTION Review Fee. Upon submission of the proposal
THREE: to the Village Manager, the Applicant shall pay
the Review Fee to reimburse the Village for
administrative costs and any professional fees associated with
the review of the proposal. In the event the Village's costs to
review the proposal exceeds the Review Fee, the Village shall .
notify the Applicant detailing said additional costs and the
Applicant shall pay such additional fees at such times as are
required by the Village Manager.
SECTION Review Fee Waiver. The Village Manager may waive
FOUR: or modify the Review Fee for any Proposal as to
which the Village Manager determines will require
minimum review by the Village. An Applicant may request a waiver
or modification of the Review Fee by submitting a request in
writing to the Village.Manager stating the reasons for such
waiver or modification.
SECTION Proposal Modification. Any change or modification
FIVE: to the proposal submitted for review by an
Applicant following the inception of the review
process, may require, in the discretion of the Village Manager,
that the Applicant pay to the Village an additional Review Fee
hereunder. Any such additional costs will be identified as
described in Section Three hereof.
ORDINANCE NO. 0 -94 -46
AN ORDINANCE ESTABLISHING ADMINISTRATIVE FEES FOR
REVIEW OF TELECOMMUNICATION PROPOSALS UTILIZING
PUBLIC PROPERTY WITHIN THE VILLAGE
SECTION No Liability or Warranty. This Ordinance, the.
SIX: review of any Telecommunications System proposal
and the collection of.a Review Fee shall not be
construed to create or hold the Village responsible or liable for
any damage to persons or property by reasons of any inspection,
reinspection or review authorized herein or failure to inspect,
reinspect or review, nor shall the approval of any application
authorized herein constitute any representation, guarantee or
warranty of any kind by, nor create any liability upon, the
Village or any official, agent or employee thereof.
SECTION Publication. That the Village Clerk is hereby
SEVEN: directed to publish this Ordinance in pamphlet
form.
SECTION Effective Date. That this Ordinance shall be in
EIGHT: full force and effect from and after its passage,
approval and publication, as provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: Norte (0)
ABSENT: None (0)
PASSED this 5th day of December A.D., 1994.
APPROVED this 5th day of December A.D., 1994.
ATTEST:
VI GE CLERK
C9'u'�iO
VI GE PRESIDENT
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